IMPORTANT POINT
Compensation for land acquisition must consider all relevant factors, including existing structures, and delays in claims may be justified under certain circumstances.

JUDGMENT :

(R. Raghunandan Rao, J.)

Heard Learned Government Pleader for Land Acquisition appearing for the appellants and Sri S. Lakshmi Narayan Reddy, learned counsel appearing for respondents 1 to 8.

2. The writ petitioners herein were owners of land admeasuring Ac.0.73 cents in Sy.No.19/1 and Ac.0.16 cents in Sy.No.68 of Jonnavaram Village. This land was notified for acquisition, on account of submergence under the Somasila Project, and the acquisition proceedings were completed by passing of an award. However, the writ petitioners did not accept the compensation on the ground that the compensation was sought to be paid by taking into account only the value of the land and without considering compensation for the indigo vats which are said to be existing on the lands. Subsequently, the authorities are said to have conducted a survey of the land which showed the existence of indigo vats. Based on this survey report and the valuation of the indigo vats done by the irrigation authorities, the writ petitioners have approached this Court by way of W.P.No.39942 of 2017 seeking payment of compensation for the said indigo vats.

3. The writ petitioners contended that proposals had been made vide Ref. No.C/151/2007 dated 17.12.2016 and Ref. No.C/151/2007 dated 23.08.2017 by the Special Deputy Collector, (Land Acquisition), Telugu Ganga Project, Unit-1, for payment of such compensation which has not been acted upon by the respondent-State.

4. The said writ petition was resisted by the State on the ground that the writ petitioners had never raised the issue of existence of indigo vats and had not objected to the quantum of compensation until 2017 when the writ petition came to be filed.

5. The Learned Single Judge, after considering the rival submissions on both sides, had held that the award, in favour of the petitioners 1 to 7, in the writ petition, was passed on 20.03.2015, and these petitioners had not accepted the compensation fixed for lands in Sy.Nos.19/1 and 68 of Jonnavaram Village and it was only the 8th petitioner, who accepted the compensation awarded in his favour, by an award dated 04.03.2009. The Learned Single Judge also observed that the petitioners had made a representation immediately after the award was passed and the letter addressed by the Special Deputy Collector (Land Acquisition) on 17.12.2016 makes this very clear. The Learned Single Judge also took into account the statement in this letter that a personal inspection by the same Deputy Collector (Land Acquisition) had revealed the existence of the indigo vats in Sy.Nos.19/1 and 68 also. The Learned Single Judge taking these facts into account, had allowed the writ petition and directed payment of compensation on the basis of the value fixed by the Executive Engineer. The Learned Single Judge also took into account the fact that the value fixed by the Executive Engineer was reduced by 25% and had held that the compensation of Rs.30,16,499/- was appropriately arrived at and that the petitioners 1 to 7 would be entitled to the said amount with interest @ 9% from 23.08.2017.

6. Aggrieved by the said order, the respondent authorities have moved the present writ appeal.

7. The Learned Government Pleader for Land Acquisition, appearing for the appellants would contend that two other writ petitions arising out the same award dated 04.03.2009, were dismissed by this Court with a direction to the petitioners to agitate their rights by way of a reference under the Land Acquisition Act. The Learned Government Pleader would also contend that the writ petitioners, having kept quite for more than 13 years, cannot seek payment of higher compensation.

8. The Learned Government Pleader for Land Acquisition, on merits, would submit that there is no material to show the existence of indigo vats in the aforesaid two survey numbers. She would submit that the draft notification and declaration issued in relation to these lands did not mention the existence of any Indigo vats as they